1. GENERAL INFORMATION
1.1. Owner of the website
"This website is owned by ATELIER CAPITAL, S.L. (hereinafter, “Eric Vökel”), whose identification and contact details are set out below:
ATELIER CAPITAL, S.L.
Tax Identification Number (NIF): B64867781
Registered office: Calle Vizcaya No. 9, 28045 Madrid (Spain)
Contact email: ericvokel@ericvokel.com
Email for data protection inquiries: reclamacion@ericvokel.com
Contact telephone: +34 934 334 631
Corporate information: Registered with the Commercial Registry of Barcelona, Volume 40518, Folio 0037, Sheet B-365799
Social media: Instagram, LinkedIn and Facebook
For any query related to this Legal Notice, the user may contact us through any of the means indicated above or at our registered office."
1.2. Description of the Website and services offered
"The primary purpose of this Website is to present the services relating to the provision of information and the booking of tourist apartments, as well as any other services that may be incorporated in the future to ensure the proper fulfillment of Eric Vökel’s corporate purpose.
The Website provides detailed information about the available apartments, the management and processing of online reservations, customer support and advisory services, and the provision of complementary services related to reservations, in addition to ensuring communication and customer care before, during, and after the stay.
Through the Website, the user (hereinafter, the “User”) may access the aforementioned services, obtain contact details, and consult specific information regarding each of them. Likewise, the Website offers a simple and direct channel enabling the User to contact Eric Vökel and request the provision of its services."
1.3. What is the purpose of this Legal Notice?
"Through this Legal Notice, we seek to inform the User about the entity behind the Website, as well as to provide information on the services we offer and the terms and conditions applicable to our services through it.
Alongside this text, we have made available other legal documents, such as the Privacy Policy, the Cookies Policy, and the General Terms and Conditions of Service and Contracting."
1.4. How to contact the person responsible for this Website
To contact us, you may preferably do so via the following email address: ericvokel@ericvokel.com, or through any other means provided and made available in this Legal Notice.
2. OPERATING RULES
2.1. Informational Website
"Our Website is for informational purposes. Through it, the User can learn about the services we offer and contact us to resolve questions or communicate specific needs.
Access to the Website is free and does not require registration; however, the User must comply with all the legal texts linked to it.
Additionally, the Website includes a contact section through which the User can directly request the engagement of our services or make any inquiry related to them."
2.2. Age of Majority
It is not necessary to be of legal age to be a User of our Website. However, the User must be at least eighteen (18) years old and have the corresponding legal capacity to enter into contracts in order to hire the services offered.
2.3. Types of Users on our Website
"User: Any person who visits the Website, whether for informational purposes, consultation, or limited interaction, without necessarily making a reservation.
Registered User: A User who has created an account on the Website to join the Eric Vökel Loyalty Club and access exclusive benefits, such as additional discounts on accommodation rates.
Prospective Client: Any person who, through any of the available means or online channels, contacts us to request information about Eric Vökel’s services.
Client: Any person or entity who makes a reservation through the channels enabled by Eric Vökel and with whom the Contract is formalized."
2.4. Confidentiality Rules
"During navigation of the Website, we may collect User data in accordance with our Privacy Policy.
If the User, for any reason, gains access to information related to our services or to confidential aspects of our business, they are obliged to maintain the strictest confidentiality, unless expressly instructed otherwise and authorized to use such information."
2.5. Conditions of use
2.5.1. General aspects
"Any person who accesses and navigates the Website is considered a User, which implies acceptance of the terms of use detailed herein, as well as all related legal notices and policies, including those regarding data protection, intellectual property, security measures, and applicable jurisdiction, among others.
The User assumes, at their own risk, any consequences arising from access to or use of the Website. Accordingly, the User must employ appropriate means to prevent risks for which they are directly responsible.
Users are advised to read this Legal Notice carefully each time they use the Website, as it may be subject to modifications. In the event of significant changes affecting registered Users of our services, they will be notified in advance.
In addition to these terms of use, the User must at all times comply with the other applicable rules of the Website, which regulate the rights and duties of Users, ensure the protection of the Website, and, by extension, contribute to the protection of our business."
2.5.2. User Rights
"The User has the right to navigate our Website, provided that they comply with the applicable rules and notices.
Furthermore, the User has the right to receive assistance regarding any questions, comments, or the exercise of any rights, following the procedures established on the Website.
The User also has the right to have their personal information processed with respect and confidentiality, in accordance with our Privacy Policy."
2.5.3. User Prohibitions
"The User may not take advantage of their status to access information to which they are not entitled, whether regarding the information or services offered on this Website, or concerning other Users, nor make any unauthorized or unlawful use that may cause harm to the owner of this Website, any third party, or other Users.
Any type of link to or from defamatory, pornographic, racist pages, or any other site that provides false information or harms our Website and any professionals or collaborators working with or for it is strictly prohibited.
Under no circumstances may the User delete, alter, bypass, or manipulate any protective device or security system installed on the Website in order to commit a crime or fraud, infringe intellectual property rights, or violate the privacy or confidentiality of the Users or the Website owner."
2.5.4. Rights of the owner
"The owner of this Website is authorized to process User data in accordance with these notices and the applicable Privacy Policy, using such information to respond to inquiries and take all necessary measures to provide the services efficiently.
Furthermore, the owner reserves the right to restrict, suspend, or cancel the User’s access to the Website, its services, or any content available on it at any time, without prior notice and without this giving rise to any right to compensation for the User.
This right may be exercised especially in the event of the User’s non-compliance with the provisions of this Legal Notice, the General Terms and Conditions of Contracting, the Privacy Policy, or any other applicable legal text."
3. CONTENT, INTELLECTUAL AND INDUSTRIAL PROPERTY POLICY
3.1. Intellectual Property Policy
"This Intellectual Property Policy applies to the entire Website, as well as to the content and materials distributed through it. It also applies to corporate content published on our social media profiles.
All content on the Website—including, but not limited to, texts, photographs, graphics, images, icons, technology, software, links, and audiovisual content, as well as its graphic design and source codes—constitutes protected works owned by Eric Vökel. Access to this content does not imply the transfer of any exploitation rights to the User, except to the extent strictly necessary for the proper use of the Website, regardless of any intellectual property protection that may apply.
Likewise, all trademarks, trade names, and distinctive signs present on the Website are the property of Eric Vökel or third parties who have authorized their use solely to illustrate our work and projects. Access to or use of the Website does not grant the User any rights over such elements. The User expressly acknowledges that all the aforementioned information and content are subject to the industrial and intellectual property rights of Eric Vökel or authorized third parties, without granting the User any rights over them except as expressly recognized.
The total or partial reproduction, exploitation, distribution, modification, transfer, or public communication of the content, as well as any other unauthorized use by the rights holder, is prohibited. Any unauthorized use will be considered a serious infringement of intellectual or industrial property rights.
In any case, Eric Vökel shall not be liable for any infringement of third-party intellectual or industrial property rights committed by the User or by third parties. The User shall be directly responsible for all consequences, damages, and losses that such infringement may cause to Eric Vökel and/or third parties."
3.2. User Limits Regarding Access and Use of Our Content
"Access to the intellectual property content does not transfer any rights to the User. The use of such content must be strictly private. Any other use or reproduction must comply with applicable laws and the policies established in this Legal Notice.
In particular, the following is prohibited:
(i) Reproducing, transforming, distributing, publicly communicating, making available to the public, or otherwise exploiting the content of the Website without the express written consent of the rights holder.
(ii) Establishing links to this Website without prior authorization from the rights holder.
If you wish to request permission to use or publish content from the Website, you may contact Eric Vökel through any of the means indicated in this Legal Notice."
3.3. Authorizations or permits
"The User may view, print, copy, or store the content of the Website on their device or other physical media, provided it is for personal and private use.
The use of such content for commercial purposes, its distribution, modification, alteration, or decompilation is expressly prohibited.
As an exception, sharing Website content on social media through publishing tools such as “tweet, retweet, share, blog” is permitted, provided that the ownership of the content is respected and the appropriate persons are credited."
3.4. Regarding the software and design of the Website
"The owner holds the rights and licenses over the software and design of the Website.
Users are prohibited from:
(i) Extracting, manipulating, copying, compiling, or decompiling elements of the Website for purposes other than those permitted.
(ii) Engaging in fraudulent use or any use that harms the rights of the owner or third parties.
Eric Vökel may take legal action if any misuse of these elements is detected."
4. RESPONSIBILITY
4.1. User Responsibilities
"The User assumes responsibility for accessing and using the Website, committing to use it appropriately and in accordance with the law and these terms.
The User expressly undertakes not to use the content and services of Eric Vökel to:
(i) Introduce computer viruses or perform actions that may alter, interrupt, or cause damage to the physical or logical systems of Eric Vökel or third parties.
(ii) Obstruct other Users’ access to the Website through excessive consumption of computing resources.
(iii) Reproduce, copy, distribute, publicly communicate, transform, or modify content without the authorization of the rights holder or where not legally permitted.
The User shall be liable to Eric Vökel and third parties for any damage or loss resulting from non-compliance with these obligations or with applicable Spanish law."
4.2. Eric Vökel's Responsibilities
"Eric Vökel undertakes to make all reasonable efforts to prevent errors in the content published and to provide a consistent service through the Website.
However, Eric Vökel does not guarantee that the Website complies with the legislation of other countries. Users accessing the Website from outside Spain do so at their own risk and must ensure that their access complies with the applicable local regulations.
Eric Vökel shall not be liable for:
(i) Damage resulting from denial-of-service attacks, viruses, or other harmful elements that may affect the User’s equipment, data, or materials.
(ii) Suspensions, breakdowns, or technical failures caused by factors beyond the control of Eric Vökel or by unlawful acts of third parties.
(iii) The availability, continuity, or infallibility of the Website and its services.
Furthermore, Eric Vökel disclaims all liability for computer or other damages that may arise from accessing the content of the Website, including the presence of viruses or other harmful elements."
4.3. Regarding published content
"The Website may contain links to third-party sites, over which Eric Vökel exercises no control. Therefore:
(i) The availability, quality, reliability, truthfulness, or accuracy of such content is not guaranteed.
(ii) The inclusion of external links does not imply any association, merger, or participation with the linked entities.
(iii) When accessing third-party links, this Legal Notice, Privacy Policy, and Cookies Policy no longer apply, and the User is subject to the policies of those sites.
Eric Vökel undertakes to periodically review the information published but does not guarantee that it is complete, accurate, or up to date, and justifiable errors or omissions may occur."
4.4. Liability for service failures
"Neither the Website nor Eric Vökel shall be liable for:
(i) Technical errors on the Website.
(ii) Lack of Internet service provision caused by third parties or by circumstances beyond the control of the owner, provided that the owner acts diligently to resolve such incidents."
4.5. Other responsibilities and duties
"If Eric Vökel is exempted from liability for any damage or loss and it is determined that the User is responsible, Eric Vökel may claim from the User all amounts paid, including actual damages, lost profits, legal costs, arbitration fees, travel expenses, or any other resulting costs.
Eric Vökel reserves the right to disclose Users’ confidential information when required by law, regulation, rule, ordinance, or judicial or governmental order."
5. AVAILABILITY AND MAINTENANCE OF THE WEBSITE
"Eric Vökel undertakes to keep the Website operational 24 hours a day, throughout the year, as long as permitted by the state of technology.
However, Eric Vökel reserves the right to make unilateral modifications to the Website, including the possibility of changing, removing, or adding content and services. Likewise, access to the system may be temporarily interrupted when it is necessary to perform maintenance, updates, or repairs on the system or the Internet server, without any obligation to provide prior notice to Users.
If the User detects any anomaly, interference, system error, or malfunction of the Website, they must notify Eric Vökel via the email or contact details provided above, so that the issue can be reviewed and, if applicable, an appropriate solution can be sought."
6. RELATIONSHIP WITH ERIC VÖKEL
"The User acknowledges and agrees that, under this Legal Notice, access to and use of the Website does not create any joint venture, ownership, employment, or agency relationship with Eric Vökel.
The User acknowledges that they have no authority to act on behalf of Eric Vökel and undertakes not to represent it, nor act as an agent, representative, or employee of the owner or any affiliated or associated company.
Under no circumstances shall Eric Vökel be liable for actions, statements, or omissions made by the User that violate this Legal Notice or any other applicable legal text."
7. RIGHT TO MODIFY THE LEGAL NOTICE
"We reserve the right to modify this Legal Notice to adapt it to legislative or judicial changes, as well as to align it with industry best practices or business needs.
When substantial or significant changes occur, Users will be notified via the Website with reasonable prior notice, indicating the date on which such changes will take full effect."
8. APPLICABLE REGULATIONS
"All of our legal texts and policies are governed by Spanish law, including, but not limited to:
(i) Law 34/2002, of July 11, on Information Society Services and Electronic Commerce.
(ii) Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights.
(iii) Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation – GDPR)."
9. EXCLUSIONS FROM THE LEGAL NOTICE
"This Legal Notice applies exclusively to the information published and the data processing carried out within the framework of our Website.
It does not imply that the conditions set forth herein apply to the provision of the services themselves, nor to the manner in which Eric Vökel offers them, which shall be governed by specific agreements or policies for such services."
10. SEVERABILITY
If any clause or provision of this Legal Notice or any other legal text is declared invalid, illegal, or unenforceable, such circumstance shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.
11. COMPETENT JURISDICTION
"In the event of any conflict or discrepancy in the interpretation or compliance with these terms or this Legal Notice, the provisions of the applicable jurisdictional regulations shall apply.
When the User is a final consumer, the rules set forth in the General Terms and Conditions of Service and Contracting regarding applicable jurisdiction shall apply.
In the case of legal entities or professionals, the parties expressly submit to the Courts and Tribunals of Madrid."
12. OTHER APPLICABLE LEGAL POLICIES
"This Legal Notice is complemented by the other legal policies established on our Website, including the Privacy Policy, the Cookies Policy, the General Terms and Conditions of Service and Contracting, and, where applicable, any other policy that needs to be added or updated in accordance with current legislation.
All of this aims to protect the interests of our Users, providing the highest level of assurance and transparency."